Children Act 1989, section 50

Recovery of abducted children etc

Part V Protection of Children

(1)Where it appears to the court that there is reason to believe that a child to whom this section applies—

(a)has been unlawfully taken away or is being unlawfully kept away from the responsible person;

(b)has run away or is staying away from the responsible person; or

(c)is missing,

the court may make an order under this section (“a recovery order”).

(2) This section applies to the same children to whom section 49 applies and in this section “the responsible person” has the same meaning as in section 49.

(3)A recovery order—

(a)operates as a direction to any person who is in a position to do so to produce the child on request to any authorised person;

(b)authorises the removal of the child by any authorised person;

(c)requires any person who has information as to the child’s whereabouts to disclose that information, if asked to do so, to a constable or an officer of the court;

(d)authorises a constable to enter any premises specified in the order and search for the child using reasonable force if necessary.

(4)The court may make a recovery order only on the application of—

(a)any person who has parental responsibility for the child by virtue of a care order or emergency protection order; or

(b)where the child is in police protection, the designated officer.

(5)A recovery order shall name the child and—

(a)any person who has parental responsibility for the child by virtue of a care order or emergency protection order; or

(b)where the child is in police protection, the designated officer.

(6)Premises may only be specified under subsection (3)(d) if it appears to the court that there are reasonable grounds for believing the child to be on them.

(7)In this section—

  • “an authorised person” means—

(a)any person specified by the court;

(b)any constable;

(c)any person who is authorised—

(i)after the recovery order is made; and

(ii)by a person who has parental responsibility for the child by virtue of a care order or an emergency protection order,

to exercise any power under a recovery order; and

“the designated officer” means the officer designated for the purposes of section 46.

(8)Where a person is authorised as mentioned in subsection (7)(c)—

(a)the authorisation shall identify the recovery order; and

(b)any person claiming to be so authorised shall, if asked to do so, produce some duly authenticated document showing that he is so authorised.

(9)A person shall be guilty of an offence if he intentionally obstructs an authorised person exercising the power under subsection (3)(b) to remove a child.

(10)A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(11)No person shall be excused from complying with any request made under subsection (3)(c) on the ground that complying with it might incriminate him or his spouse [F637or civil partnerF637] of an offence; but a statement or admission made in complying shall not be admissible in evidence against either of them in proceedings for an offence other than perjury.

(12)Where a child is made the subject of a recovery order whilst being looked after by a local authority, any reasonable expenses incurred by an authorised person in giving effect to the order shall be recoverable from the authority.

(13)A recovery order shall have effect in Scotland as if it had been made by the Court of Session and as if that court had had jurisdiction to make it.

(14) M15 In this section “the court”, in relation to Northern Ireland, means a magistrates’ court within the meaning of the Magistrates’ Courts (Northern Ireland) Order 1981 .

Definitions used in section 50 9

the court

(7) For the purposes of this Act “the court” means the High Court or the family court .

Defined in s.92(7) · see it in the full Act
child

16 (1) In this Schedule “child” includes, in any case where an application is made under paragraph 2 or 6 in relation to a person who has reached the age of eighteen, that person.

Defined in Sch.1 para.16(1) · see it in the full Act

“child” means, subject to paragraph 16 of Schedule 1, a person under the age of eighteen;

Defined in s.105(1) · see it in the full Act
responsible person

“responsible person”, in relation to a child who is the subject of a supervision order, has the meaning given in paragraph 1 of Schedule 3;

Defined in s.105(1) · see it in the full Act
the order

(a) an order under paragraph 1(2)(a) or (b) for the making or securing of periodical payments in favour of more than one child (“the order") is in force;

Defined in Sch.1 para.6(9) · see it in the full Act
parental responsibility

“parental responsibility” has the meaning given in section 3;

Defined in s.105(1) · see it in the full Act

(1) In this Act “parental responsibility” means all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property.

Defined in s.3(1) · see it in the full Act
a care order

“a care order” means (subject to section 105(1)) an order under subsection (1)(a) and (except where express provision to the contrary is made) includes an interim care order made under section 38; and

Defined in s.31(11) · see it in the full Act
care order

“care order” has the meaning given by section 31(11) and also includes any order which by or under any enactment has the effect of, or is deemed to be, a care order for the purposes of this Act; and any reference to a child who is in the care of an authority is a reference to a child who is in their care by virtue of a care order;

Defined in s.105(1) · see it in the full Act
emergency protection order

“emergency protection order” means an order under section 44;

Defined in s.105(1) · see it in the full Act
local authority

“local authority” means, in relation to England ..., the council of a county, a metropolitan district, a London Borough or the Common Council of the City of London in relation to Wales, the council of a county or a county borough and, in relation to Scotland, a local authority within the meaning of section 1(2) of the Social Work (Scotland) Act 1968 ;

Defined in s.105(1) · see it in the full Act

Cases considering section 50 9

JK (Return Order Under Inherent Jurisdiction)

[2025] EWCA Civ 1309 · 17 October 2025Limits

Section 50 provides a recovery-order route for children subject to specified protective orders who are unlawfully removed or kept away. The Court held that it did not apply to J and could not provide an alternative remedy. (see para [83])

Coulibaly v Coulibaly & Ors (Alleged incompatibility of the Children Act 1989 with the ECHR) (Rev 1)

[2018] EWHC 936 (Fam) · 9 March 2018Interprets

Interprets the recovery-order scheme as limited in scope, including in relation to recovery within England and Wales or, at most, the United Kingdom. The absence of an express duty to recover a child abducted abroad did not make the section incompatible (see paras [24]-[25]). Applies the recovery-order power in the context of the complaint that force might be used against a child. The statutory authorisation did not, in itself, make section 50 incompatible with Article 3 (see para [24]). Confirms that authorising a constable to use reasonable force if necessary is compatible with Article 3. Force which is unreasonable or unnecessary may breach Article 3 in an individual case, but that does not invalidate the statutory power (see para [24]).

W (A Child)

[2016] EWCA Civ 1051 · 1 November 2016

The provision supplied the statutory basis for the local authority’s recovery-order application, which was remitted for rehearing after the representation ruling was overturned. (see paras [10]; [38])

What each judgment says about section 50 is in the case-law panel in the full Act.

Amendments and notes

5 notes from legislation.gov.uk

Amendments

  1. F637Words in s. 50(11) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 261(1), Sch. 27 para. 131; S.I. 2005/3175, art. 2(1), Sch. 1

Modifications

  1. C47S. 50 applied (14.10.1991) by S.I. 1991/2032, art. 6(1).

Commencement

  1. I47S. 50 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Extent

  1. E3S. 50 extends to England and Wales and Northern Ireland except s. 50(13) which also extends to Scotland. See s. 108(11)(12)

Marginal citations

  1. M15S.I. 1981/1675 (N.I. 26).